FR Notice 60 day

1235-0005 EPPA 60-day 12-19-16.pdf

Application of the Employee Polygraph Protection Act

FR Notice 60 day

OMB: 1235-0005

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Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

Authority of the President Under the
Rehabilitation Act of 1973, section 2
authorize this information collection.
See 29 U.S.C. 793 and E.O. 11758
section 2.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless it is
approved by the OMB under the PRA
and displays a currently valid OMB
Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid Control Number. See 5
CFR 1320.5(a) and 1320.6. The DOL
obtains OMB approval for this
information collection under Control
Number 1250–0002.
OMB authorization for an ICR cannot
be for more than three (3) years without
renewal, and the current approval for
this collection is scheduled to expire on
January 31, 2016. The DOL seeks to
extend PRA authorization for this
information collection for three (3) more
years, without any change to existing
requirements. The DOL notes that
existing information collection
requirements submitted to the OMB
receive a month-to-month extension
while they undergo review. For
additional substantive information
about this ICR, see the related notice
published in the Federal Register on
August 26, 2016.
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
the address shown in the ADDRESSES
section within thirty (30) days of
publication of this notice in the Federal
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1250–0005. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,

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electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–OFCCP.
Title of Collection: Office of Federal
Contract Compliance Programs
Recordkeeping and Reporting
Requirements Under Rehabilitation Act
of 1973, as Amended Section 503.
OMB Control Number: 1250–0005.
Affected Public: Individuals or
Households; Private Sector—businesses
and other for-profits, farms, and not-forprofit institutions.
Total Estimated Number of
Respondents: 41,814,991.
Total Estimated Number of
Responses: 41,814,991.
Total Estimated Annual Time Burden:
4,392,369 hours.
Total Estimated Annual Other Costs
Burden: $150,282,664.
Dated: December 13, 2016.
Authority: 44 U.S.C. 3507(a)(1)(D).
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016–30454 Filed 12–16–16; 8:45 am]
BILLING CODE 4510–CM–P

DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collections Application of
the Employee Polygraph Protection
Act
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor
(DOL) is soliciting comments
concerning a proposed extension to the
information collection request (ICR)
titled, ‘‘Application of the Employee
Polygraph Protection Act.’’ This
comment request is part of continuing
Departmental efforts to reduce
paperwork and respondent burden in
accordance with the Paperwork
Reduction Act of 1995 (PRA). This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. A copy of the
proposed information request can be
obtained by contacting the office listed
below in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
SUMMARY:

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Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
February 17, 2017.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0005, by either one of the following
methods: Email: WHDPRAComments@
dol.gov; Mail, Hand Delivery, Courier:
Division of Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW., Washington,
DC 20210. Instructions: Please submit
one copy of your comments by only one
method. All submissions received must
include the agency name and Control
Number identified above for this
information collection. Because we
continue to experience delays in
receiving mail in the Washington, DC
area, commenters are strongly
encouraged to transmit their comments
electronically via email or to submit
them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will also be summarized
and/or included in the request for Office
of Management and Budget (OMB)
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Robert Waterman, Compliance
Specialist, Division of Regulations,
Legislation, and Interpretation, Wage
and Hour Division, U.S. Department of
Labor, Room S–3502, 200 Constitution
Avenue NW., Washington, DC 20210;
telephone: (202) 693–0406 (this is not a
toll-free number). Copies of this notice
may be obtained in alternative formats
(Large Print, Braille, Audio Tape, or
Disc), upon request, by calling (202)
693–0023 (not a toll-free number). TTY/
TTD callers may dial toll-free (877) 889–
5627 to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Wage and Hour
Division (WHD) of the Department of
Labor (DOL) administers the Employee
Polygraph Protection Act of 1988
(EPPA), 29 U.S.C. 2001 et seq. The
EPPA prohibits most private employers
from using any lie detector tests either
for pre-employment screening or during
the course of employment. The Act
contains an exemption applicable to
Federal, State and local government
employers. The EPPA also contains
several limited exemptions authorizing
polygraph tests under certain
conditions, including testing: (1) By the
Federal Government of experts,
consultants, or employees of Federal
contractors engaged in national security
intelligence or counterintelligence
DATES:

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sradovich on DSK3GMQ082PROD with NOTICES

Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices
functions; (2) of employees the
employer reasonably suspects of
involvement in a workplace incident
resulting in economic loss or injury to
the employer’s business; (3) of some
prospective employees of private
armored cars, security alarm and
security guard firms; and (4) of some
current and prospective employees of
certain firms authorized to manufacture,
distribute, or dispense controlled
substances. The WHD may assess civil
money penalties of up to $19,787
against employers who violate any
EPPA provision. This amount increases
annually due to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015. On
November 2, 2015, President Obama
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 to advance
the effectiveness of civil money
penalties and to strengthen their
deterrent effect. Outdated penalties are
a problem because civil penalties are
less effective when they do not keep
pace with the cost of living. The new
law directs agencies across the federal
government to adjust their penalties for
inflation each year in January.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Enhance the quality, utility, and
clarity of the information to be
collected;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions: The Department
of Labor seeks an approval for the
extension of this information collection
in order to ensure effective
administration of the Employee
Polygraph Protection Act.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Application of the Employee
Polygraph Protection Act.
OMB Number: 1235–0005.

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Affected Public: Business or other forprofit, Not-for-profit institutions, Farms,
State, Local, or Tribal Government.
Total Respondents: 593,400.
Total Annual Responses: 593,400.
Estimated Total Burden Hours:
68,739.
Estimated Time per Response: 30–45
minutes.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operation/
maintenance): $0.
Dated: December 12, 2016.
Melissa Smith,
Director, Division of Regulations, Legislation
and Interpretation.
[FR Doc. 2016–30452 Filed 12–16–16; 8:45 am]
BILLING CODE 4510–27–P

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concerning the proposed extension of
the Application for Mediation Services
and is interested in public comment
addressing the following issues: (1) Is
this collection necessary to the proper
functions of the agency; (2) will this
information be processed and used in a
timely manner; (3) is the estimate of
burden accurate; (4) how might the
agency enhance the quality, utility, and
clarity of the information to be
collected; and (5) how might the agency
minimize the burden of this collection
on the respondents, including through
the use of information technology.
Dated: December 13, 2016.
Samantha Jones,
Assistant Chief of Staff, Administration,
National Mediation Board.

Application for Mediation Services
NATIONAL MEDIATION BOARD
Notice of Proposed Information
Collection Requests
National Mediation Board.
The Assistant Chief of Staff,
Administration invites comments on the
proposed information collection
requests as required by the Paperwork
Reduction Act of 1995.
DATES: Interested persons are invited to
submit comments within 30 days from
the date of this publication.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (U.S.C. Chapter 35) requires that
the Office of Management and Budget
(OMB) provide interested Federal
agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The Assistant
Chief of Staff, Administration publishes
that notice containing proposed
information collection requests prior to
submission of these requests to OMB.
Each proposed information collection
contains the following: (1) Type of
review requested, e.g. new, revision
extension, existing or reinstatement; (2)
Title; (3) Summary of the collection; (4)
Description of the need for, and
proposed use of, the information; (5)
Respondents and frequency of
collection; and (6) Reporting and/or
Record keeping burden. OMB invites
public comment.
Currently, the National Mediation
Board is soliciting comments
AGENCY:

SUMMARY:

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Type of Review: Extension.
Title: Application for Mediation
Services, OMB Number: 3140–0002.
Frequency: On occasion.
Affected Public: Carrier and Union
Officials, and employees of railroads
and airlines.
Reporting and Recordkeeping Hour
Burden:
Responses: 50 annually.
Burden Hours: 12.50.
Abstract: Section 5, First of the
Railway Labor Act, 45 U.S.C., 155, First,
provides that both, or either, of the
parties to the labor-management dispute
may invoke the mediation services of
the National Mediation Board. Congress
has determined that it is in the nation’s
best interest to provide for governmental
mediation as the primary dispute
resolution mechanism to resolve labormanagement disputes in the railroad
and airline industries. The Railway
Labor Act is silent as to how the
invocation of mediation is to be
accomplished and the Board has not
promulgated regulations requiring any
specific vehicle. Nonetheless, 29
CFR1203.1 provides that applications
for mediation services be made on
printed forms which may be secured
from the National Mediation Board.
This section of the regulations provides
that applications should be submitted in
duplicate, show the exact nature of the
dispute, the number of employees
involved, name of the carrier and name
of the labor organization, date of
agreement between the parties, date and
copy of notice served by the invoking
party to the other and date of final
conference between the parties. The
application should be signed by the
highest officer of the carrier who has
been designated to handle disputes
under the Railway Labor Act or by the
chief executive of the labor

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